Sanlam General Insurance Limited v Quality Milk Dairies Limited (Miscellaneous Application 51 of 2023) [2023] UGCommC 285 (15 May 2023)

## THE REPUBTIC OF UGANDA

# IN THE HIGH COURT OF UGANDA AT KAMPALA (coMMERCTAL DTVTSION)

### MISC. APPLICATION NO.51 OF 2023

# SANLAM GENERAL INSURANCE LIMITED ::::::::::::::::::::::::::::!::: APPLICANT

#### VERSUS

# QUALITY MILK DAIRIES LIMITED :::::i:3::::::::::::::::::3::::::::::::: RESPONDENT

## BEFORE: HON. LADYJUSTICE ANNA. B. MUGENYI

#### RULING

I have read the pleadings and listened to the submissions of both counsel.

The main issue for determination by this Court is whether this is a proper matter for review of the order of dismissal of Misc. Application No. 25712022 on 2llll22.

It has been brought to the attention of this Court that when Misc. Application No. 25712022 came up for hearing on2/1112022; both parties to the application had agreed to file written submissions which they did and filed on ECCMIS on 5th, 8th and 23'd September 2022 respectively. In the understanding of the Applicant therein, the mafter was coming up for a ruling although this position was not communicated by the Court.

The fact that submissions had been filed earlier on as agreed by the two parties was not brought to the attention of Court and neither have proceedings reflecting the reverse been presented by the Respondent. I have checked ECCMIS and I have established that indeed submissions were filed by all the parties in September 2022 and it is only in order that the same are considered before final determination of Misc. Application No. 257 | 2022.

Having determined as above and on the basis of an error on the face of the record, this Court is of the firm view that this is a proper matter for review of the order made dismissing Misc. Application No. 257 12022.

In the circumstances, the Applicant has shown sufficient cause for review of the aforementioned order and the same is accordingly set aside and Misc. Application No. 257 12022 is reinstated.

Costs shall be in the cause.

vJ\*a

HON. LADY JUSTICE ANNA .8. MUGENYI

DATED <sup>|</sup>515 1..\*5...